2006 Minnesota Statutes

CHAPTER 324. ART; FINE PRINTS

324.01 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 324.01 to 324.05, the following terms
have the meanings given them.
    Subd. 2. Artist. "Artist" means the creator of a work of art or, if that person is deceased, the
heirs or personal representatives of the creator of a work of art.
    Subd. 3. Art. "Art" means a painting, sculpture, drawing, work of graphic art, photograph,
weaving, or work of craft art.
    Subd. 4. Art dealer. "Art dealer" means a person engaged in the business of selling works of
art, other than a person exclusively engaged in the business of selling goods at public auction.
    Subd. 5. Person. "Person" means an individual, partnership, corporation, association,
or other group, however organized.
    Subd. 6. Consignment. "Consignment" means the delivery of possession of an art work by
an artist to an art dealer by which no title to, estate in, or right to possession of, art, superior to that
of the artist vests in the art dealer, notwithstanding the art dealer's power or authority to transfer
and convey to a third person all of the right, title, and interest of the artist in and to that work of art.
History: 1983 c 165 s 1; 1986 c 444

324.02 DELIVERY TO AND ACCEPTANCE BY ART DEALER.
Notwithstanding any custom, practice, or usage of the trade to the contrary, if an artist
delivers or causes to be delivered a work of art of the artist's own creation to an art dealer in
this state for the purpose of exhibition or sale, or both, on a commission, fee, or other basis of
compensation, the delivery to and acceptance of the work of art by the art dealer constitutes a
consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the
artist receives or has received full compensation for the work of fine art upon delivery.
History: 1983 c 165 s 2

324.03 RESULTS OF CONSIGNMENT; ARTIST-ART DEALER RELATIONSHIPS.
A consignment of a work of fine art results in all of the following:
(1) the art dealer, after delivery of the work of art, is an agent of the artist for the purpose of
sale or exhibition of the consigned work of art within the state of Minnesota;
(2) the work of art is property held in trust by the consignee for the benefit of the consignor
and is not subject to claim by a creditor of the consignee;
(3) the consignee is responsible for the loss of, or damage to, the work of art; and
(4) the proceeds from the sale of the work of art must be held in trust by the consignee for
the benefit of the consignor. The proceeds must first be applied to pay any balance due to the
consignor, unless the consignor expressly agrees otherwise in writing.
History: 1983 c 165 s 3

324.04 TRUST PROPERTY.
A work of art received as a consignment remains trust property until the consignor has been
paid in full, notwithstanding the subsequent purchase of it by the consignee directly or indirectly
for the consignee's own account. If the work is thereafter resold to a bona fide purchaser before
the consignor has been paid in full, the proceeds of the resale received by the consignee constitute
funds held in trust for the benefit of the consignor to the extent necessary to pay any balance still
due to the consignor. The trusteeship continues until the fiduciary obligation of the consignee with
respect to this transaction is discharged in full.
History: 1983 c 165 s 4

324.05 APPLICATION.
Sections 324.01 to 324.05 do not apply to a written contract executed prior to August 1,
1983, unless either the parties agree by mutual consent that sections 324.01 to 324.05 apply, or the
contract is extended or renewed after August 1, 1983.
The provisions of sections 324.01 to 324.05 prevail over any conflicting or inconsistent
provisions of chapter 336 affecting the subject matter of these sections.
History: 1983 c 165 s 5

324.06 DEFINITIONS.
As used in sections 324.06 to 324.10:
(1) "artist" means the person who conceived or created the master image for, or which
served as model for, the print;
(2) "catalog" means an advertising medium published by a single individual or firm which
solicits consumers to order fine prints through the mail or by telephone. Magazines, circulars,
and newspapers are not considered catalogs;
(3) "edition" means the number of fine prints made from the plate or negative during a
single run;
(4) "fine print" or "print" means the product created by an artist by a process commonly used
in graphic or photographic arts, including, but not limited to, engraving, etching, woodcutting,
lithography, serigraphy, or photography;
(5) "impression" means the printed image on suitable material, whether paper or any other
substance, made off the plate or negative by printing, stamping, casting, developing, or any other
process commonly used in the graphic or photographic arts;
(6) "plate" includes any plate, stone, block, or other material created by the artist, used for
the purpose of creating the print from which the impression or impressions were taken;
(7) "negative" includes any negative, photographic plate, slide, or other material created by
the artist and used for the purpose of creating the print from which the impression or impressions
were taken;
(8) "reproduction" means a copy of an original or a copy of a print made by a commercial
mechanical process; and
(9) "signed fine print" means a fine print autographed by the artist, irrespective of whether it
was signed or unsigned in the plate or negative.
History: 1984 c 450 s 1

324.07 EXCEPTIONS.
Sections 324.06 to 324.10 do not apply to:
(1) prints which are printed prior to the effective date of sections 324.06 to 324.10; or
(2) prints which are not offered for sale by means of a catalog and which are not alleged to
be numbered or limited editions and signed by the artist; or clearly and conspicuously described
as reproductions; and
(3) prints which are sold or offered at a price less than $250.
History: 1984 c 450 s 2

324.08 ACTS PROHIBITED; DISCLOSURE STATEMENTS.
    Subdivision 1. Advertising disclosures. No catalog offering fine prints for sale in this state
shall be knowingly published or distributed, or both, unless it clearly and conspicuously discloses
the relevant informational detail as required by section 324.09 concerning each edition of the
prints so offered or states that the relevant information is available on request.
    Subd. 2. Advertising disclaimer. If the person offering fine prints by means of a catalog
disclaims knowledge as to any relevant detail referred to in section 324.09, that person shall
so state the information is unknown or not available. Describing the edition as an edition of
"reproductions" eliminates the need to furnish further informational details unless the edition was
allegedly published in a numbered, or limited edition, and signed by the artist, in which case all of
the informational details are required to be furnished.
    Subd. 3. Sales disclosures. No fine print may be knowingly sold in this state by any person
unless a written invoice or receipt for the purchase price or a certificate furnished to the purchaser
clearly and conspicuously discloses all of the relevant informational details required under section
324.09; or the seller states or clearly and conspicuously posts that the relevant information is
available on request.
    Subd. 4. Sales disclaimer. If the seller disclaims knowledge as to any relevant detail referred
to in section 324.09, the seller shall so state the information is unknown or not available.
Describing the print as a "reproduction" eliminates the need to furnish information details unless
it was allegedly published in a numbered, or limited edition, and signed by the artist, in which
case all of the informational details are required to be furnished.
History: 1984 c 450 s 3; 1986 c 444

324.09 INFORMATIONAL DETAIL.
The following informational detail is required under section 324.08:
(1) the name of the artist and the year when the fine print was printed;
(2) the authorized maximum number of artist's, publisher's, printer's, or other proofs, if any,
outside of the regular edition and the total size of the edition;
(3) whether the plate or negative has been destroyed, altered, or defaced, after the latest
edition;
(4) if there were any prior fine prints of the same impression, utilizing a different process,
paper, media, or color, the total number of the fine prints and designation of the fine prints;
(5) if there were any prior or later editions from the same plate or negative.
History: 1984 c 450 s 4

324.10 LIABILITY.
(a) Any person who sells a fine print and who fails to disclose the information required by
section 324.09 is liable to the purchaser thereof in an amount equal to the purchase price of the
fine print, including any sales tax paid.
(b) In addition to the liability imposed by paragraph (a), a person who sells a fine print and
who willfully provides false information required by section 324.09 is liable to the purchaser in
the amount of $1,000 or in an amount equal to three times the purchase price of the fine print,
whichever is greater.
(c) No action can be maintained to enforce any liability under this section unless the person
who is injured by the failure to disclose returns the fine print in original condition to the person
violating the provisions of paragraph (a) or (b) and the action is brought within one year after
discovery of the violation upon which it is based and in no event more than three years after the
fine print was sold.
History: 1984 c 450 s 5